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Chicago Mayor: Emanuel Kicked Off Ballot

by: Crisitunity

Mon Jan 24, 2011 at 1:14 PM EST


We don't usually front-page mayoral race news, but this is going to wind up being the day's biggest story, I'm sure (sorry, George Allen, your hopes of winning the day just got buried). Rahm Emanuel, way in the lead in terms of fundraising and polling, is out of the race, at least at this point:

An appellate panel ruled 2-1 that Emanuel did not meet the residency standard to run for mayor.

Appellate judges Thomas Hoffman and Shelvin Louise Marie Hall ruled against Emanuel. Justice Bertina Lampkin voted in favor of keeping President Obama's former chief of staff on the Feb. 22 ballot.

This decision comes from the Illinois Appellate Court, which is the state's intermediate-level court (and it's a surprise, since Emanuel had no trouble winning his case in front of the Chicago Board of Election Commissioners or at the trial level). It will, no doubt, promptly be appealed to the state Supreme Court, where it's entirely possible it may be reversed and everything will be back to normal. So, while things are very scrambled for now (probably leaving Carol Mosely Braun the frontrunner, in a Rahm-free environment), we'll have to wait and see.
Crisitunity :: Chicago Mayor: Emanuel Kicked Off Ballot
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Chicago Mayor: Emanuel Kicked Off Ballot | 65 comments
Wow
I'm really surprised. I guess this leaves Mosley-Braun as the frontrunner... oh no. Time to get behind Chico.

19, gay male, IL-7, MN 4 (college), Dem
I'm not surprised at all.
I knew that the Chicago Board of Elections would undoubtedly uphold his residency qualifications. The Chicago political machine - truly one of the last strong political machines in the country - likely "politely" reminded those election judges (or whatever they're called) that they'd better uphold his residency requirement... or else. However, the Chicago machine has little to no power over the Court of Appeals, or the Illinois Supreme Court. Therefore, I was truly not surprised by this, and expected a 2-1 vote one way or another. For the publicity potential, Chicago Republicans are probably kicking themselves right now for not convincing ex Bears coach Mike Ditka to get in the race. No, I am not delusional, I know he'd have lost big time, but it would have garnered them some serious publicity for the city party. For those who don't know, Ditka wanted to run for Senate in 2004, but his wife said no. I could have seen Ditka winning some blue collar white workers' votes, picking up 10-15% of the city's vote, but of course he would not have won.

I miss SSP. Republican, IL-10
[ Parent ]
Agreed...
I think the biggest beneficiary of this will be Chico.

CMB will be the nominal front-runner for now, but I think Chico and Emanuel have the most similar profiles and lots of Rahm supporters will be going for Chico (myself included). I doubt CMB was the second choice of many would-be Emanuel voters, and Chico will probably pick up a large chunk of the [White] North Side vote if Rahm stays off.

If Rahm doesn't get back on the ballot, I'm very much debating writing him in anyway, especially if counts towards the number of votes cast (and therefore the 50% requirement to avoid a runoff).  

[ Parent ]
They do need to rule on this quickly...
And I tend to agree; if Emanuel doesn't make the ballot and is found ineligible to serve, Chico has to be the favorite unless Moseley Braun can avoid a runoff.

20, center-left independent, Auckland Central resident, MD-05 voter, OR-01 native
[ Parent ]
Here's the problem ahead for Chico...
The electorate will mirror something of a 40/40/20 breakdown among whites, blacks, and Hispanics. Presuming Moseley Braun and Chico shore-up the latter two, respectively, that means Chico needs a 2-to-1 win among whites to break 50%. Not that this is impossible, but it's just hard for me to fathom Chico going into anything here as a legit front-runner. Yes, he's got 4x the money of Moseley Braun, but the name recognition isn't there and the electorate makeup works against him.  

For daily political commentary, visit me at http://polibeast.blogspot.com/ and http://twitter.com/polibeast
[ Parent ]
math nit
If CMB really got 40% (all blacks) and Chico got 20% (all hispanics) then he would need to win by better than 3:1 among whites.  In real life, it doesn't look like he'll get all hispanics (Del Valle) and it doesn't look like she'll get all blacks (many were already voting for Rahm).
[ Parent ]
Chico or Del Valle
I can see why the Rahm voters wouldn't vote for Moseley Braun, but is there a reason to assume they will prefer Chico to Del Valle?  If it is just that he is ahead, then a vote for either would help force a runoff.

Also, isn't the problem that the Court said he was ineligible to be Mayor, so it wouldn't matter if he won on write-in votes; he would still be disqualified?

[ Parent ]
Me too..
CMB was, IMHO, atrocious Senator, and i don't see any signs of hope that she will be better Mayor
[ Parent ]
Interesting
I go to school with Del Valle's daughter, and she was saying this wasn't a far-fetched possibility.

I guess we'll have to look at the composition of the Ill. S. Ct. to figure out the judicial possibilities.

This probably helps Moseley Braun most, but almost certainly would guarantee a run-off.  

24, SSP Gay Caucus Policy Committee Chair, Western Democrat; CO-05 (home), CA-14 (law school)

What a joke

I normally don't do political posts
but I was looking forward to the runoff between Chico and the Eman.  
What an absolute travesty
The guy has a 2-1 lead in the polls and the election is a month away, and they are really going to throw him off the ballot. Who in their right mind could say that Rahm is not from Chicago?

I'd imagine he wins as a write-in candidate if his name is actually removed.

If he is actually taken off the ballot this would be yet another dark, dark chapter in the history of Illinois politics.

I agree
If anything, this sort of decision can only put a chill on federal service for those who would otherwise hope to run for local office in the future.

I'm no big Emanuel fan, but it's pretty clear he's a Chicagoan who planned to return to Chicago after his stint at the WH.

Politically, I think this can only strengthen him. My curiosity now is whether or not any candidates against him will choose to condemn the decision instead of embrace it.  

24, SSP Gay Caucus Policy Committee Chair, Western Democrat; CO-05 (home), CA-14 (law school)

[ Parent ]
See there's the problem
he's a Chicagoan who planned to return to Chicago after his stint at the WH.

He had to be a resident of Chicago for the last year. No doubt he planned to return, and had been a resident before WH COS, the question is what was he for the last year?

26, Male, Democrat, TX-26

[ Parent ]
devil's advocate
I see the argument you are making, but many of us have taken jobs outside of where we lived with the desire to eventually return.  Any hope of a continued political future for me was derailed when I took a promotion outside of where I spent almost all of my life.  I realize that if I want to return to where I once was, I'd have to wait out whatever residency requirements exist.  I don't see why working for the Federal Government allows you to skirt those rules.  The rule was probably in place to prevent corrupt carpetbaggers, but maybe it's not too much to ask that you spent the year before you want to run a city living in it full-time, among those people.  "But the voters don't care and they want him," would only be a fair argument against all residency/age/non-felon/term limit/etc requirements.

Or he should have at least kept the ANY residence there, like Congresspeople do.

[ Parent ]
Last para
I thought he did. And paid IL taxes. No?
[ Parent ]
There's No Exemption for Public Service
In most places there are exemptions that allow you to maintain your full local/state residency if you go to work for the federal government. But in this case, there appear not to be such an exemption.

This may end up being a case where a fairly straightforward reading of the law results in a decision that's legally sound even though it renders a result that's at odds with common sense and a just action.  

[ Parent ]
Seems to me it isn't explicit
That "absence on business of the United States" means military service. But I'm not a lawyer.
[ Parent ]
2 Separate Laws...
...(municipal code and election laws), they conflict, and neither is explicit.

In some other places, it's specific that if you work in Congress or the executive branch, that you don't lose your citizenship.  From what I've read, it's not that explicit in IL/Chicago.  

[ Parent ]
Whick is where commonsense should come in
But then when does the law allow for anything of the sort.
[ Parent ]
"Absence on business of the United States"
is obviously not just military business, but even if it was, being the Chief of Staff for the Commander in Chief should certainly qualify him.
[ Parent ]
As your logic matched that of Emmanuel's lawyers
it seems the court in question did not agree with you.

(It does not matter, but I think your logic is impeccable.)

[ Parent ]
I'm with you up until the end
I'm not saying I'm right, legally (I don't have the statute in front of me, and the distinction the App. Court is drawing seems to be a legitimate one, at least theoretically), but he did keep a residence there that was sub-leased to another person.

What might be more problematic is that "residency" doesn't seem to be an articulated legal test.  

24, SSP Gay Caucus Policy Committee Chair, Western Democrat; CO-05 (home), CA-14 (law school)

[ Parent ]
I guess it's
easier to spell than Murkowski.
[ Parent ]
Alternative spellings?
I would if "Rahmbo" would count under Chicago's voter intent standards...

28, Unenrolled, MA-08
[ Parent ]
You ask the wrong question
Who in their right mind could say that Rahm is not from Chicago?
Statutory eligibility says you have to "reside in" the city for a year before the election.  He may have had a residence in Chicago for that year, but he didn't reside there.
[ Parent ]
Yikes!
How the HELL is Carol Moseley Braun (perhaps) going to wind-up the overwhelming front-runner in this? If true, the black vote will flock to her and she'll probably cross the run-off mark.  

For daily political commentary, visit me at http://polibeast.blogspot.com/ and http://twitter.com/polibeast
Maybe her "distinguished
friend" Sani Abacha, the late Nigerian, would have been willing to do a campaign event for her while he wasn't oppressing the people of his country. (NOTE- that was sarcasm, for those who don't get the reference, http://www.slate.com/id/208754...
Chicago is in DEEP trouble. While I personally despise Rahm, he would do the best job as Mayor in terms of managing the city's fiscal future, and would carry on the Daley's concern for maintaining a somewhat healthy business environment in Chicago. How does a one term Senator, who held an approval rating in the mid 30s, end up a mayoral front runner? The city would be far better off with Chico or Del Valle.

I miss SSP. Republican, IL-10
[ Parent ]
*the late Nigerian dictator


I miss SSP. Republican, IL-10
[ Parent ]
Deadline
Is there a pending deadline to have this resolved? At some point they'll either need to postpone the election or stick with an ruling, so how much time does Rahm have to have the IL Supremes fix this?

"Earnestness is stupidity sent to college"
P. J. O'Rourke
Early voting starts January 31
so any appeal will need to be decided upon before then.

Early Voting for the 2011 Municipal General Election will be available at 51 Chicago sites from Jan. 31 through Feb. 17, 2011.  Chicago voters may use any city site, regardless of where they live.

http://www.chicagoelections.co...

[ Parent ]
According to Georgia from Daily Kos...
...who's an attorney in Chicago, the city hasn't even printed the ballots yet. So it probably has to happen in the next day or two.

Note, btw, that there are several other challenges in alderman races. It's a real mess.  

[ Parent ]
Welcome to Chicago!


19, Self Appointed Chair of the SSP Gay Caucus (I claimed it first :p), male, Dem, IN-09 (College IN-09) (Raised IL-03, IL-09)
[ Parent ]
The court's opinion
Based on the foregoing analysis, we conclude that, under subsection 3.1-10-5(a) of the Municipal Code, a candidate must meet not only the Election Code's voter residency standard, but also must have actually resided within the municipality for one year prior to the election, a qualification that the candidate unquestionably does not satisfy. Because the candidate does not satisfy that tandard, he may be eligible for inclusion on the ballot only if he is somehow exempt from the Municipal Code's "reside in" requirement.

...

In our view, the exception embodied by section 3-2 of the Election Code applies only to voter residency requirements, not to candidate residency requirements.

http://www.state.il.us/court/O... (I'm quoting from 20-22).

23, male, Democrat, IA-02 (previously CA-26, PA-06, CA-06)

W...T...F???


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28, New Democrat, Female, TX-03 (hometown CA-26)
Here's my (somewhat shaky) math: Moseley Braun needs (about) 80% of blacks, 30% of whites, and 20% of Hispanics to cross run-off


For daily political commentary, visit me at http://polibeast.blogspot.com/ and http://twitter.com/polibeast
Moseley Braun basically has to win outright, w/o a run-off, though...
The Del Valle crowd will bolt big time for Chico.

For daily political commentary, visit me at http://polibeast.blogspot.com/ and http://twitter.com/polibeast
[ Parent ]
This is surprising news
Wasn't expecting anything like this to happen.

24, male, African-American, CA-24, Democrat. Chair of the SSP Black Caucus.
Rahmbo the non-resident
If only I could've heard the string of expletives Rahm would've unleashed upon hearing this news ....  It would've been a thing of exquisite dirty beauty, methinks...

Kansan by birth, Californian by choice, and Gay by the grace of God.
I smell a very good comedy skit ;).


CO-02 (college)/FL-15 (home).  
[ Parent ]
Hitler Video
I can't wait to see what Hitler's response will be when he finds out Rahm was kicked off the ballot.

"Earnestness is stupidity sent to college"
P. J. O'Rourke
[ Parent ]
I was JUST thinking that.


20, center-left independent, Auckland Central resident, MD-05 voter, OR-01 native
[ Parent ]
I'd be curious how many Americans actually saw 'Downfall'
As opposed to just that one clip.

28, Unenrolled, MA-08
[ Parent ]
I saw it
Could have been edited down by about half an hour at least, but it was good otherwise. Appropriately chilling. Not sure how I felt about the device of framing the story sympathetically around Hitler's secretary, but I thought the filmmakers did an adequate job of not editorializing her story, at least.

20, center-left independent, Auckland Central resident, MD-05 voter, OR-01 native
[ Parent ]
I've seen it
Good movie. Sort of a shame it's known more now for the YouTube videos, but OTOH, those are pretty funny.  
[ Parent ]
This is quite unexpected
Does anyone with more intimate knowledge of Illinois politics know what Emanuel's chances at the Illinois Supreme Court are?

20, center-left independent, Auckland Central resident, MD-05 voter, OR-01 native
Even if he wins...
The state board of elections was hoping to have the ballot finalized in "the next couple of days" according to Politico.

Can the state supremes hear and rule on the case in time? Would the order a stay keeping him on the ballot pending a review of the appealate courts decision, or perhaps even postponing the election?

The turn around time on this is almost non-existent legalwise.

"Earnestness is stupidity sent to college"
P. J. O'Rourke

[ Parent ]
I think he can ask for a stay of judgment pending appeal
Not sure what the legal process for that would be, but it might be enough to keep him on the ballot unless the Illinois Supreme Court declines to hear the case or it rules against him.

20, center-left independent, Auckland Central resident, MD-05 voter, OR-01 native
[ Parent ]
A good discussion of the legal issues at hand
http://www.suntimes.com/news/p...

Is being CoS "business of the United States", or was that just for troops?

Forde pointed to the state's Election Code, which states, "No elector ... shall be deemed to have lost his or her residence ... by reason of his or her absence on business of the United States."

from the plantiff's lawyer

Odelson mentioned some cases from the 1930s and '40s. Odelson argued that President Obama would have no problem running for mayor because he did not rent out his house and so could occasionally spend a night there.

"business of the United States"
I should say so. He served at the pleasure of the president.
[ Parent ]
This Seems Positive
If he is able to get this overturned, this just handed Rahm a silver bullet to the 'Washington Insider' label.  
The last thing we need is Rahm...
...returning to national politics.  I hope he wins his appeal.
Damn
guess umm....Emanuel has two more people he can send dead fishes too. Anyway this really sucks for Emanuael. And talk about timing too!

19, Male, Independent, CA-12
I don't really know Chicago Politics but....
.... I think the big winner would be Gery Chico. I hate to drag race into this but I believe Braun is very unpopular with white voters. If Rahm is off for the ballot for good I think a combination of White and Hispanic Voters would put Chico over the top.

"Where free Unions and collective bargaining is forbidden, freedom is lost." - Ronald Reagan
This
is just ridiculous. Ridiculous. Why didn't they rule this earlier? They easily could have. He will now not have time to appeal. It must have been an anti Rahm board. They did this on purpose. Ridiculous. I'm behind Chico at this point and I think he could win. If CMB doesn't win an outright majority I think she's in trouble. Most everyone else will coalesce behind Chico. What's next for Rambo? Senate? Governor? Mayor in four years? Another Obama job? I bet Obama gets him another job, commerce seems likely.  

Proud member of the Indiana Democratic Party from IN-9.  
We shall see what happens
I read lots of laughter coming from the online left at the ruling and my thought was that could easily come back to bite you if he actually ended up back in Washington. Anyway, Politico have a piece up about his fundraising. Basically he could only use it in IL not on a federal race. Governor it might be then.
[ Parent ]
True
I don't think Quinn runs again so this will be the likely case I would suspect.  

Proud member of the Indiana Democratic Party from IN-9.  
[ Parent ]
this is why i wish danny davis, or any other house member stayed in
if a house member won, rahm could run for the seat and continue on his quest to be speaker of the house after a detour to the WH.

Top ten signs you're an SSPer #1: your favorite song is "Panic At Tedisco" and no one understands what you mean.
At
this point the House would be too big of downgrade. He can't just go back to Congress and expect Larson or someone else to resign for him. Plus Rahm isn't winning a majority black district. Governor, Senate, another WH job or another try at Mayor are his next options. Personally this may be a good thing, it opens him up for the bigger job of Governor in four years.  

Proud member of the Indiana Democratic Party from IN-9.  
[ Parent ]
Rahm's old district is nowhere near majority-black, so
there's that.

21, dude, RI-01 (registered) IL-01 (college)
please help Japan. click "donate funds" in upper right and then "Japan Earthquake and Pacific Tsunami." http://www.redcross.org/
[ Parent ]
Rahm returns!
The court issued a stay.
That doesn't mean they won't rule against him.

19, Self Appointed Chair of the SSP Gay Caucus (I claimed it first :p), male, Dem, IN-09 (College IN-09) (Raised IL-03, IL-09)
[ Parent ]
Indeed
Didn't mean to suggest anything else.
[ Parent ]
Sorry!
I hope I didn't sound like a douche!

19, Self Appointed Chair of the SSP Gay Caucus (I claimed it first :p), male, Dem, IN-09 (College IN-09) (Raised IL-03, IL-09)
[ Parent ]
Not really
Not a problem. The problem is the inability to read tone into online comments.
[ Parent ]
Chicago Mayor: Emanuel Kicked Off Ballot | 65 comments

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